22 Mar 2006
SHINE EMPIRE LTD v. THE INCORPORATED OWNERS OF SAN PO KONG MANSION AND OTHERS
- Citation
- SHINE EMPIRE LTD v. THE INCORPORATED OWNERS OF SAN PO KONG MANSION AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV19/2005
The court held the Incorporated Owners failed to prove dispossession/adverse possession for the requisite 20 years because the acts relied on were trivial, equivocal or occurred after the relevant period, and the paper title owner had continued to exercise possession (regular inspections and rights under the DMC). Consequently Limitation Ordinance relief was not available to extinguish the paper owner’s title; the defence of acquiescence/estoppel failed; liability issues resolved in favour of the Plaintiff and assessment of monetary relief (unjust enrichment/licence fees and any set-offs) was…